Accession of Croatia to the EU

To use or not to use? That is the question

Is “use” of a trade mark in one EU member state sufficient to show use of a Community Trade Mark?

Earlier this year, we reported that the Advocate General had provided his opinion on this question in the case of Leno Merken v Hagelkruis Beheer, a copy of which can be found here. Further to the Advocate General’s opinion, the Court of Justice of the European Union (“CJEU”) has now ruled on what constitutes “use” of a Community Trade mark in the EU.

Patent Box – a box of delights?

The Danger of Limitations in Patents

A recent interim injunction application relating to a patent covering a medication management platform (i.e. a tray with compartments containing periodic doses of medicines for patients) illustrates the dangers of using limitations within patent claims.

How far does the damages claim stretch?

In a recent decision by HHJ Birss sitting in the Patents County Court, a number of issues relating to damages for patent infringement were considered. The Claimant claimed a number of heads of damages, but there were a few of particular interest, including for sales of non-infringing products, interest paid on business loans and additional damages based on “moral prejudice”.